In Nevada, people who have suffered injuries and financial harm because of the negligent or wrongful acts of others may file tort lawsuits. Tort claims involve civil wrongs that result from the negligent or willful conduct of another person or entity. By filing tort lawsuits against the negligent or wrongful actors, plaintiffs may be able to recover damages to compensate them for their losses.
What Is a Tort Case?
A tort case is a type of civil lawsuit that may be filed against people or entities that have caused harm to others because of negligence or willful conduct. In tort cases, plaintiffs must prove the elements of the tort by a preponderance of the evidence, which is more likely than not. It is possible to win a tort case even if a defendant wins a corresponding criminal case against him or her for the same conduct.
Three Types of Tort Claims
Tort claims can be divided into three main categories: intentional torts, negligence claims, and strict liability torts. Intentional torts are civil cases that are filed against people who might also be criminally charged for the same conduct. Some examples of intentional torts include:
- Assault or battery
- Invasion of privacy
- False imprisonment
Negligence torts are the most common type of tort claims. These involve injuries that are caused by negligent acts of others. For example, car accidents, truck accidents, and other similar incidents often involve claims of negligence.
Strict liability torts are civil wrongs for which the defendants may be liable regardless of their actions or conduct. One area in which strict liability frequently arises is products liability cases involving defective products. When people are injured while using a product in the way it was intended to be used and are injured because of a defect, the parties involved in the chain of production may be strictly liable to pay damages.
Damages in Tort Lawsuits
The types of damages that may be available to plaintiffs who file tort lawsuits fall into two primary categories, including special damages and general damages. Special damages include the actual pecuniary losses such as past and future medical costs, income losses, and property losses. General damages are more difficult to calculate such as pain and suffering, mental anguish, disfigurement, loss of consortium for a spouse, and reductions in the quality of life. Punitive damages may be available in cases in which the defendant’s conduct was particularly egregious.